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:: 1 :: TA 1581/2020

CENTRAL ADMINISTRATIVE TRIBUNAL

JAMMU BENCH, JAMMU

(RESERVED)

Hearing through video conferencing

Transfer Application No. 1581/2020

Reserved on: - 14.08.2025

Pronounced on: - 22.12.2025

HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

HON’BLE MR. RAM MOHAN JOHRI, MEMBER (A)

Sh. Arvind Drora age 25 years S/o Sh. Choor Singh R/o Village Digdol at

present Thakur Colony, Upper Bazar, Ramban Tehsil and District, Ramban

…Applicant

(Advocate: - Mr. OP Thakur)

Versus

1. State of Jammu and Kashmir through Commissioner-CumSecretary,

Public Works Department, (R&B), Civil Sectt. Jammu.

2. Chief Engineer, Public Works Department, (R&B),, Jammu.

3. The J&K Service Selection Board, through its Secretary, Panama

Chowk, Jammu.

…Respondents

(Advocate:- Mr. Hunar Gupta, Ld. DAG)

HARSHIT Digitally signed

by HARSHIT

YADAV

YADAV

:: 2 :: TA 1581/2020

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.1394/2017 was transferred from the Hon’ble High Court

of Jammu & Kashmir at Jammu and was registered as T.A

No.1581/2020 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court seeking

following relief: -

a) It is, therefore, respectfully prayed that the writ petition may

kindly be accepted by issuing an appropriate writ, direction or

order including in the nature of writ of certiorari quashing the

Govt order No. 236- PW (R&B) of 2016 dated 1-12-2016

whereby the claim of the petitioner as waiting list candidate

against the unfilled post of Junior Engineer (Civil) has been

rejected.

b) A further writ of mandamus commanding the respondents to

select and appoint the petitioner against the unfilled post of

Junior Engineer (Civil) in Public Works Department (R&B) with

all consequential benefits. Costs of the petition with such

other additional or alternate relief, which this Hon'ble Court

may in the facts and circumstances of the case deem fit and

proper, be also awarded in favour of the petitioner.

3. The facts of the case as pleaded by the petitioner in his pleadings are

as follows: -

HARSHIT Digitally signed

by HARSHIT

YADAV

YADAV

:: 3 :: TA 1581/2020

a) The present Transfer Application arises out of SWP No.

1394/2017, which was originally filed before the Hon’ble High

Court of Jammu & Kashmir at Jammu and subsequently

transferred to this Tribunal and registered as TA No.

1581/2020.

b) The applicant claims to be a permanent resident of the erstwhile

State of Jammu & Kashmir and a citizen of India. He possesses

the requisite educational qualification of Bachelor of

Technology (Civil Engineering), having obtained the same in

the year 2013 from Manav Rachna International University,

Faridabad.

c) Pursuant to a requisition made by respondent No.1, the Jammu

& Kashmir Services Selection Board (respondent No.3) issued

Advertisement Notification No. 11 of 2013 dated 24.12.2013

(Item No. 884), inviting applications for filling up 418 posts of

Junior Engineer (Civil) in the Public Works Department

(R&B), under various categories.

d) The applicant, being eligible, applied under the Open Merit

category within the prescribed time. He participated in the

HARSHIT Digitally signed

by HARSHIT

YADAV

YADAV

:: 4 :: TA 1581/2020

written examination conducted by the respondent Board and

was subsequently shortlisted for the viva voce examination,

which he also appeared in before the duly constituted Selection

Committee.

e) Upon completion of the selection process, the respondent Board

issued the final selection list on 05.09.2015. Under the Open

Merit category, about 238 candidates were selected, while 60

candidates, including the applicant, were placed in the waiting

list. The applicant was placed at Serial No. 25 in the Open

Merit waiting list, having secured 63.9563 points in the written

test and viva voce combined.

f) Based on the recommendations of the Board, the Government

issued several appointment orders dated 01.09.2015,

13.10.2015, and 01.12.2015 appointing selected candidates as

Junior Engineers (Civil).

g) It is pleaded that out of 238 Open Cate